Legal Opinion · Dissent

McMikle v. O'Neal

Louisiana Court of Appeal

Decided January 26, 1966No. 10512Published

1DissentAyres, Judge

An action for specific performance is, in my opinion, a personal action, and the venue for such character of actions is in the parish of defendant’s domicile. LSA-C.C.P. Art. 422.

“A personal action is one brought to enforce an obligation against the ob-ligor, personally and independently of the property which he may own, claim, or possess.” LSA-C.C.P. Art. 422.

Here, plaintiff prays that his rights to specific performance be recognized and that defendants be ordered to comply with the provisions of their contract and, accordingly, deliver unto him a valid title to the property described in the…

2Cases cited14 opinions

  1. Agurs v. HoltSupreme Court of Louisiana · 1957
  2. Ober v. WilliamsSupreme Court of Louisiana · 1948
  3. Louisiana Oil Refining Corporation v. GandySupreme Court of Louisiana · 1929
  4. George v. LewisSupreme Court of Louisiana · 1856
  5. Louisiana Truck & Orange Land Co. v. PageSupreme Court of Louisiana · 1941

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